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Unemployment Fraud Questions

In the United States there is a significant amount of people that are unemployed. Some of these people receive unemployment benefits. There are also some individuals who receive unemployment benefits that they are not really entitled to, this is considered unemployment fraud.

What is unemployment fraud?

Unemployment fraud is committed if an individual gives information that is false or withholds information in order to receive unemployment benefits that they should not have received and would not have received if they had not given false information or withheld information. Unemployment fraud is a criminal offense and an individual who commits unemployment fraud can face criminal prosecution. Below are questions that individuals have asked in regards to unemployment fraud that have been answered by the Experts.

What is the penalty for unemployment fraud in the state of New York?

The penalty for unemployment fraud in the state of New York is specified in the Labor Law under section 630. It states that the penalties will consist of a fine that will not exceed five hundred dollars or imprisonment not to exceed one year. Both penalties can be issued as a penalty as well. The individual convicted of unemployment fraud may also have to pay the amount that they fraudulently received back as restitution.

If an individual has committed unemployment fraud and is willing to pay back the funds will they still have unemployment fraud on their criminal record?

If the individual has retained an attorney who has gotten an authorized payment plan and has faced no prosecution, then there will be no unemployment fraud on their criminal record. For the unemployment fraud to show up on the individual’s criminal record they would have to have been prosecuted and convicted of unemployment fraud. If the individual has an authorized payment plan then there will be no unemployment fraud conviction to be placed on their criminal record.

Is it unemployment fraud to receive overpayment of unemployment benefits?

If an individual receives a Notice of Overpayment due to receiving unemployment benefits that they were not eligible to receive. The overpayment notice will have on it the amount of benefits that have been overpaid and may also include any penalties if there are any. Also included in the notice is an explanation of why the individual was overpaid. Overpayment can be classified one of two ways: non-fraud and fraud. If the individual is not at fault for the overpayment then it is considered to be non-fraud. The Notice of Overpayment will tell the individual the amount that must be repaid if any needs to be repaid. If the overpayment is made because the individual has given false information or withheld information that would make them ineligible to receive unemployment benefits this is considered to be unemployment fraud. The penalty is thirty percent of the overpayment amount and a false statement disqualification of five to twenty-three weeks can be assessed. The penalties of unemployment fraud and penalties incurred must be repaid. If an individual does not repay the amount in a timely manner there may be an offset of future payments, withhold state income tax refunds, or file a claim in court.

Unemployment fraud is the receipt of unemployment benefits based upon false information or information has been withheld. Unemployment fraud is a criminal offense and can be criminally prosecuted. The penalties for unemployment fraud are usually a fine of less than five hundred dollars and jail time that is less than a year, along with restitution. Individuals are sometimes able to save their records from having unemployment fraud on it by arranging to repay the amount and the penalties that have been incurred. Any questions in regards to unemployment fraud may be asked of the Experts.

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Recent Unemployment Fraud Questions

  • Hello I have a question regarding unemployment fraud, my employer

    Hello I have a question regarding unemployment fraud, my employer just received a letter and the unemployment office wants my earning for weeks that I claimed unemployment, well I was under the impression that if I didn't make enough money i didn't have to report my wages, apparently I was incorrect so the entire time I was claiming unemployment I was still working a little bit, I claimed 4000 dollars during all of 2012. The unemployment office has not contacted me, I just want to try to get ahead of this issue. I'm in Illinois. The only correspondence I have heard of is from my employer, am I going to go to jail over this?? I I have heard they take unemployment fraud pretty serious and although I didn't intend to be fraudulent apparently I have been. Should I contact them and explain my situation before an officer comes knocking on my door? Is that what will happen or will they send me a letter first explaining this issue?? What should I do?
  • My daughter was notified by the Illinois Department of Employment

    My daughter was notified by the Illinois Department of Employment Security accusing her of Unemployment Fraud. While she may have received/accepted payments in error, she has stated that she did disclose all earnings (she worked part time) during the weeks reported.

    Can she still appeal?
    If she repays the funds, does this automatically make her guilty of a felony with no re-course? She has no criminal record.
  • Unemployment fraud

    Unemployment fraud
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